[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-7-1979 by L.L. No. 1-1979 (Ch. 12 of the 1972
Code)]
The Board of Trustees of the Incorporated Village of Malverne
hereby declares and finds it to be in the public interest to provide
for the regulation of certain conduct in public places within the
Village of Malverne.
A.Â
ALCOHOLIC BEVERAGE
COMMUNITY EVENT
INTENT TO CONSUME
OPEN BOTTLE, CAN OR OTHER CONTAINER
PUBLIC PLACE
For the purpose of this article, the terms used herein are defined
as follows:
Any liquid intended for human consumption containing more
than 1/2 of 1% by volume of alcohol.
A fair, picnic, block party or other community gathering
in any public place.
Includes any of the following: drinking from the container;
possession with movement of the container to the mouth; and any circumstances
evidencing an intent to ultimately consume in any public place.[1]
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of it.[2]
A place to which the public or a substantial group of persons
has access, including but not limited to any highway, street, road,
sidewalk, parking area, shopping area, place of amusement, playground,
park or beach located within the Village of Malverne, except that
a public place shall not include those premises duly licensed for
the sale and consumption of alcoholic beverages on the premises or
within their own private property.
B.Â
Words singular in form may include the plural, and words plural in
form may include the singular, and words in the masculine gender shall
include the feminine and neuter genders.
[Amended 9-7-1983 by L.L. No. 2-1983]
Unless otherwise authorized by the Board of Trustees or the
provisions of this article, it shall be unlawful for any person to
consume liquor, wine, beer or other alcoholic beverage on any public
sidewalk, street, highway, parking lot, public park or other public
place within the Village of Malverne, and it shall be unlawful for
any person to have in his possession or to carry or transport any
open bottle or open container containing liquor, wine or beer or any
alcoholic beverage on any public sidewalk, street, highway, parking
lot, public park or other public place within the Village of Malverne
with the intent to consume the same. The existence of an open bottle
or open container containing liquor, wine, beer or other alcoholic
beverage in any vehicle while in or on any public sidewalk, street,
highway, parking lot, public park or other public place within the
Village of Malverne shall be presumptive evidence that the same is
in the possession of all occupants of such vehicle and that they possess
the same with the intention of consuming its contents.
A.Â
At least 10 calendar days prior to the proposed date of a community
event, any person may apply to the Village Clerk, on his own behalf
or on behalf of an organization, for a permit to possess and consume
an alcoholic beverage as defined herein during or in the conduct of
a community event.
B.Â
The application shall contain the following information:
(1)Â
The name of the applicant and the address and telephone number. Where
the applicant is an organization, the name and address of the organization
and its officers shall be given.
(2)Â
The purpose of the community event, the date when it is proposed
to be held, the approximate time the community event will start and
terminate and the place where it shall take place.
(3)Â
Any other pertinent information the Village Clerk shall deem necessary.
C.Â
Where the Village Clerk shall determine that the proposed community
event is of such character, size and location as to be appropriate
to and in harmony with the surrounding area and that the public health,
morals, safety and general welfare of the surrounding neighborhood
will not be endangered by the granting of a permit, he shall issue
a permit, conditioned upon the applicant's written agreement
to comply with the terms thereof.
D.Â
Upon a denial by the Village Clerk of an application made pursuant
to this article, the applicant may appeal the determination of the
Village Clerk to the Board of Trustees by filing a written notice
of appeal for hearing by the Board of Trustees. Upon receipt of a
request for said hearing, the Mayor shall designate two or more members
of the Board to conduct said hearing as a review board. Said hearing
shall be held on a date and at a place and hour designated by the
Mayor.
E.Â
The Board of Trustees or Village Clerk may waive the requirements
of this section where, in either opinion, any irregularity or noncompliance
would not endanger the public health, morals, safety and general welfare
of the neighborhood immediately surrounding the place where the community
event is to be held and where strict compliance would result in unnecessary
hardship upon the applicant.
In the event that any provision of this article is inconsistent
with any federal or state statute, law, rule or regulation, then said
statute, law, rule or regulation shall prevail.
